Malatji and Others v IGWO Properties (Pty) Ltd (A65/2019) [2020] ZAGPPHC 447 (27 July 2020)

Malatji and Others v IGWO Properties (Pty) Ltd (A65/2019) [2020] ZAGPPHC 447 (27 July 2020)

The appeal was dismissed because the first eviction application was decided on technical points in limine and not on the merits. The Magistrate did not consider the respondent's ownership of the property, as the supplementary affidavit containing the title deed was not accepted due to procedural deficiencies. The dismissal of the first application did not constitute a final determination of the parties' rights and therefore did not render the matter res judicata. The respondent was entitled to launch a new application and provide proper evidence of ownership. The Magistrate's decision to proceed with the hearing and grant the eviction order in the absence of the appellants was justified,...

Citation
[2020] ZAGPPHC 447
Parties
Appellant: GL Malatji; Appellant: TMA Malatji; Appellant: F Malatji; Appellant: All Unlawful Occupants: Erf 3894 Doornpoort Ext 34 Township; Respondent: IGWO Properties (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 July 2020
Case Number
A65/2019
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Court Judgment and Orders
Outcome
Appeal dismissed with costs.
Judges
Makhubele, Acting Judge
Legal Topics
Eviction Proceedings, Res Judicata, Jurisdiction, Points in Limine, Proof of Ownership
Land and Property Civil Procedure Eviction Proceedings Res Judicata Jurisdiction Points in Limine Proof of Ownership

Case Brief

Summary, issues, holding and outcome

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Parties

GL Malatji

Appellant

TMA Malatji

Appellant

F Malatji

Appellant

All Unlawful Occupants: Erf 3894 Doornpoort Ext 34 Township

Appellant

IGWO Properties (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Court Judgment and Orders

Legal Issues

  1. 1 Whether the Magistrate erred in finding that the matter was not res judicata.
  2. 2 Whether the Magistrate erred in granting the eviction order.
  3. 3 Whether the Magistrate erred in refusing to strike the matter off the roll and proceeding in the absence of the appellants.

Ratio Decidendi

The appeal was dismissed because the first eviction application was decided on technical points in limine and not on the merits. The Magistrate did not consider the respondent's ownership of the property, as the supplementary affidavit containing the title deed was not accepted due to procedural deficiencies. The dismissal of the first application did not constitute a final determination of the parties' rights and therefore did not render the matter res judicata. The respondent was entitled to launch a new application and provide proper evidence of ownership. The Magistrate's decision to proceed with the hearing and grant the eviction order in the absence of the appellants was justified,...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • There is no basis to interfere with the punitive cost order issued by the Magistrate on 28 January 2019.